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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jones Communications of Virginia, Inc.) CUID No. VA0398 (Manassas)
) VA0487 (Prince William)
Complaint Regarding )
Cable Programming Services Tier Rates)
ORDER
Adopted: September 29, 1997 Released: September 30, 1997
By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:
1. In this Order we consider complaints about the rate the above-captioned operator
("Operator") was charging for its cable programming services tier ("CPST") in the communities
referenced above. Operator has chosen to justify its CPST rates in effect on September 1, 1993 to
May 14, 1994 through a cost of service showing on FCC Form 1220. We find that the CPST rates
implemented by Operator from September 1, 1993 to May 14, 1994 are not unreasonable.
2. Under the Communications Act, the Federal Communications Commission
("Commission") is authorized to review the CPST rates of cable systems not subject to effective
competition to ensure that rates charged are not unreasonable. The Cable Television Consumer Protection
and Competition Act of 1992 ("1992 Cable Act"), and our rules in effect at the time the complaint was
filed, required the Commission to review CPST rates upon the filing of a valid complaint by a subscriber.
The filing of a valid complaint triggers an obligation on behalf of the cable operator to file a justification
of its CPST rates. If the Commission finds the rate to be unreasonable, it shall determine the correct rate
and any refund liability.
3. The Commission's original rate regulations took effect on September 1, 1993. The
Commission subsequently revised its rate regulations effective May 15, 1994. Cable operators with valid
CPST complaints filed against them prior to May 15, 1994 must demonstrate that their CPST rates were
in compliance with the Commission's initial rules from the time the complaint was filed through May 14,
1994, and that their rates were in compliance with the revised rules from May 15, 1994 forward. Cable
operators attempting to justify their rates for the period prior to May 15, 1994 using a benchmark showing
must complete and file FCC Form 393. Operators must use the FCC Form 1200 series to justify their
rates for the period beginning May 15, 1994 using a benchmark showing. Cable operators may also
justify rate increases based on the addition and deletion of channels, changes in certain external costs,
and inflation, by filing FCC Form 1210. FCC Form 1210 must be filed at least 30 days before new
rates are scheduled to go into effect where the Commission has found the cable programming service rate
to be unreasonable less than one year prior to the filing, or where there is a pending complaint against
the CPST rate. Operators may alternatively justify adjustments to their rates on an annual basis using
FCC Form 1240 to reflect reasonably certain and quantifiable changes in external costs, inflation, and the
number of regulated channels that are projected for the twelve months following the rate change. Any
incurred cost that is not projected may be accrued with interest and added to rates at a later time.
4. Upon review of Operator's FCC Form 1220, we found no material inaccuracies. We,
therefore, find that the Operator's monthly CPST rates in effect from September 1, 1993 to May 14, 1994
have been justified and are reasonable.
5. Upon review of FCC Form 1220, we find that Operator has justified its CPST rate of
$14.76, effective September 1, 1993 to May 14, 1994.
6. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R. 0.321, that the monthly CPST rate of $14.76 charged by Operator in the communities referenced
above, from September 1, 1993 to May 14, 1994 IS NOT UNREASONABLE.
7. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R. 0.321, that the complaints referenced herein against the CPST rates charged by Operator in the
community referenced above ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Elizabeth W. Beaty
Chief, Financial Analysis and Compliance Division
Cable Services Bureau